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Posted: 7:11 a.m. Monday, Nov. 19, 2012

Reality check: Secession not legal, practical

Experts: Secession not only impractical, it's unconstitutional

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Oklahoma, United States
Oklahoma, United States

By Russell Mills

TULSA, Okla. —

While secession remains all the rage on any number of blogs, social media pages and websites since President Barack Obama was re-elected, experts say the truth is secession is not only impractical, it's unconstitutional.

Dr. Danny Adkison is a professor of Political Science at Oklahoma State University.

He tells KRMG the basic issues are simple.

"Can I drive 80 in a 35 mile-per-hour zone? Yeah, you can, but you're not legal."

So while a state legislature could theoretically pass an article of secession, it wouldn't stand up in court.

He points to the states who did just that in 1860, sparking the Civil War.

"Did they secede? Yes, they did, but they were never consitutionally recognized as seceding."

The war itself settled the political question and the U.S. Supreme Court settled the legal matter with its ruling on Texas v. White, decided in 1869.

Suppose, however, that a modern court overturned that earlier decision.

Dr. Adkison says, "This would be the equivalent of passing a law saying 'in our state, we're going to suspend gravity for the next year.' That's how disastrous this would be."

The federal government would have to make some hard decisions.

"Do we want to confront them militarily?" Dr. Adkison asked, rhetorically, "or let them find out before too long they're in 'deep doo-doo' because of the situation they're going to be in very quickly? That would be a call that would have to be made."

Adkison says the states would have to decide "do they form a league of their own, or are they now going to be like Europe and be separate nations, that now have to deal with each other?"

Then, they'll have to deal with their relationship to the U.S.A.

"These states would be literally foreign countries to the United States. We would now have to be treating them as foreign countries. For us to do trade with them, we would have to grant them some kind of status, we'd have to have treaties on how we interact with them. All this would either have to be done very quickly, or they could not even trade with us."

Still, one KRMG listener says, "While it may not be realistic, it is a large symbolic gesture to our President."

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